- You acknowledge that:
- By uploading or posting anything to PathMotion you retain full rights to those works that you had prior to uploading.
- By posting Content to the Site you hereby grant to PathMotion a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
- The license granted to PathMotion includes the right to use your Content fully or partially for promotional reasons relating to PathMotion
- PathMotion makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent; and
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
- You represent and warrant that:
- You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to PathMotion the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by PathMotion of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
Personal data and privacy
- What personal data do we collect and how?
- When you open an account with PathMotion, you are required to enter your first and last name, your email address and a password. If you do not provide the information that is indicated as mandatory during the registration process, PathMotion will not be able to process your registration request and to provide you with associated Services. You may also enter optional information such as birth date, gender, address and telephone number.
- You may directly provide information, such as your professional background, in your profile that is accessible over the Site.
- You may also open an account with PathMotion that is linked with either Facebook or LinkedIn. Creating a PathMotion account using these options will automatically fill your profile with the respective personal information. This information can be changed at any time by modifying your profile within the settings.
- User is wholly responsible for all information and content, including any decision to disclose personal data
Provided PathMotion complies with its contractual obligations hitherto, the consequences of disclosure of information about you, other Users and/or any other third parties are your exclusive responsibility. You shall warrant and indemnify PathMotion against any legal action introduced by another User or any other third party, and specifically for potential damage to right of personal portrayal, to honour, to the intimacy of private life, resulting from the distribution or disclosure of any of information you have posted on the Site.
- User shall only disclose on the Site data that is relevant for assessing his/her professional capabilities or that has a direct and necessary link with Vacancies.
User must not disclose any other data and in particular sensitive data such as racial or ethnic origin, religious, political or philosophical opinions, union memberships, or data concerning health or sex life. PathMotion reserves the right to delete any such data.
- PathMotion may also identify your current geographical location via IP address. This personal data may be stored from session to session with your express consent, utilising a combination of a cookie and your PathMotion account. You have the right to opt out at any time of this functionality. This information could be used to display information relevant to your location, e.g. Insiders or Vacancies located near you.
For instance, if you deactivate the cookies collecting personal data about your activity on the Site, we will not collect that data and therefore we will not be able to have this information and/or related scoring displayed on your profile. When you reactivate these cookies, we will not be able to take into account the personal data about your activity on the Site while they were deactivated (you may prefer changing your profile settings to just deactivate the display of that personal data on your profile, so our cookies may still collect it).
- Why and how exactly do we use your information?
- PathMotion processes your personal data for the purpose of allowing your registration on the Site and providing you with Services that require such registration, and in particular to:
- verify your identity;
- display your profile
- display information relevant to your location, e.g. Insiders or Vacancies located near you; you may deactivate this functionality at any time by modifying your profile settings;
- display your questions and comments;
- respond to your questions;
- perform internal analysis and research to improve our Platforms and Services;
- send you information notifications (e.g. new comment on a discussion in which you participate, similar discussions you may be interested in);
- provide you with requested information and services which we feel may be of interest to you, such as answers provided on the Platforms, or notifications related to events that you have subscribed to;
- allow you to participate in interactive activities organised by our Clients and to join Live Chat Events;
- inform you of changes to our Services;
- allow our Clients to contact you if you express any interest in them.
- improve our Platforms and Services;
- if you are a Candidate, calculate a scoring based on the personal data about your activity on the Site and display that personal data and related scoring on your profile (the purpose of which is to indicate to our Clients the likelihood that you could join their company); you may deactivate this functionality at any time by modifying your profile settings.
- Any user of the Site, registered or not, including our Clients (through their Administrators and Insiders), may have access to the personal data displayed on your profile and/or in the comments/questions that you post on the Site. Administrators may view your full profile. Other users of the Site, including Insiders, other Candidates and unregistered users, may only see your first name, the initial of your last name, and your photography if you have uploaded any.
If you do not want personal data about your activity on the Site and a related scoring based on that personal data to be displayed on your profile, you may deactivate this functionality at any time by modifying your profile settings. Please note that, if this functionality is activated, only you and Administrators may view such data.
If you do not want any of your personal data to be displayed, you may terminate your PathMotion account.
You may also delete information you have directly published on the Site.
- We shall not disclose your personal data to any third parties other than users of the Site without your prior permission.
- Your personal data may be processed by our Clients, under their responsibility, for the sole purpose of recruiting personnel.
- If you decide to post a question or comment on the Platforms, PathMotion, or PathMotion on behalf of a Client, may contact you seeking information such as name or email address, if they do not already have access.
- If desired, you can post on the Career Inspiration platform using an anonymous profile. Using an anonymous profile means that your identity will not be disclosed to other users of the Site when you post on that platform, to the exception of Administrators: if you do not wish to disclose your identity to Administrators, do not post on the Career Inspiration platform.
Please note that your posts on the Live Chat Events platform cannot be posted using an anonymous profile: if you do not wish to disclose your identity to other users of the Site, registered or not, do not post on the Live Chat Events platform. PathMotion always knows about your identity when you post using an anonymous profile.
- Please note that our Clients may be located in countries that are situated outside of the European Union.
- We utilise industry security standards to protect all information provided by you against misuse, loss, alteration or destruction.
Our security processes are in place to minimise any unauthorised access to your information or any data that you have supplied whilst using the Site. We cannot, however, guarantee that we will eliminate all risk of misuse of your personal information by intruders.
- Please keep the passwords of your accounts safe and do not disclose them to anyone.
- It is imperative that you contact us immediately if you become aware of any unauthorised use of your password or any other breach of security.
- Our platforms are open to the public. Avoid disclosing any information that could compromise your identity or that of another. PathMotion cannot be held responsible for the protection of the information disclosed within the Site.
- We store your personal data for the duration of this Agreement i.e. for as long as you are registered on the Site.
- In any event, we will delete your personal data two years after your last logging on the Site.
- You may modify or delete your personal data on your profile at any time. You may also terminate your account at anytime.
- Furthermore, every User has a right of access to his/her personal data, and may at any time oppose to their processing for legitimate reasons or request their rectification, addition, clarification, deletion or updating. Contact us to exercise these rights in accordance with Law No. 78-17 of 6 January 1978.
Should you have any question about the processing of your personal data, contact us online.
PathMotion respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. PathMotion will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify PathMotion of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care via the contact form and include in your notice a detailed description of the alleged Infringement sufficient to enable PathMotion to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide PathMotion with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” via the contact form. You must include in your counter notice sufficient information to enable PathMotion to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PathMotion has no control over such sites and resources, you acknowledge and agree that PathMotion is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PathMotion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
PathMotion also provides Users with tools to create hyperlinks from the Site, including Facebook links. The presence of illegal content on these linked sites is not the responsibility of the Company and they cannot give grounds to the liability of the Company. The Company reserves the right at any time and without justification, to modify, add or delete hyperlink(s) present(s) on the Site.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge PathMotion, its affiliated and associated companies and clients, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless PathMotion, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or PathMotion registered email address and password, (iv) any violation of any rights of a third party.
The Company does not perform pre-moderation of the Content posted by Users. It does not act as publisher for these types of content and is not responsible for such Content, subject to the provisions of Articles 14 and 15 of the Directive 2000 / 31/EC on certain legal aspects of information society services, in particular electronic commerce, as implemented in different member states.
You shall indemnify the Company for any expenses incurred by you, your partners or affiliates as a result of misuse of the Site by you, including copying, reproduction, retrieval, storage, transfer or transmission of the Content, even a tiny part, without permission from the holder of rights over the Content and / or the Company.
You may decide to access services for which payment is required. The price, payment terms and descriptions of the services can be found by contacting PathMotion. In accordance with relevant distance selling legislation, you are informed that you benefit from a period of seven calendar days, from the date of subscription, to exercise your right of withdrawal without penalty and without cause. However, the right of withdrawal may no longer be exercised once you have accessed the features associated with this service.
Limitation Of Liability
In no event shall PathMotion be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, and (ii) to provide substitute goods or services (however arising).
PathMotion may terminate or suspend any and all Services and/or your PathMotion account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your PathMotion account, you may simply discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account you are free to remove the content you posted yourself from the Site.
PathMotion reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, PathMotion will notify you by posting an announcement on the site. What constitutes a material change will be determined at PathMotion’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind PathMotion in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
PathMotion shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PathMotion’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. PathMotion may transfer, assign or delegate the Terms and its rights and obligations without consent.
These Terms are governed, interpreted and applied according to the law applicable at the place of the registered office of PathMotion in Paris, France, subject to compliance with applicable law. The courts of the Republic of France shall have exclusive jurisdiction for any claim or dispute arising from these Terms including, but not limited to, their interpretation, validity, execution, termination and/or the consequences thereof, to the extent allowed by applicable law, as if made within France between two residents thereof.
Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
The Site, in whole or in part, may be protected by copyright, trademark law, the right of databases or other proprietary or intellectual property rights.
The Content and / or presentation of the Site, in whole or in part, may not be downloaded, copied, reproduced, distributed, transmitted, distributed, displayed, sold, licensed or exploited in any manner for any purpose whatsoever without the prior consent of the Company and / or the Company’s licensors.